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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9258 of 2026 ====================================================== Shilpi @ Silpi, Daughter of Sri Ajay, Resident of Village- Narainiya, P.O.- Mirganj, P.S.- Hathua, District- Gopalganj. ... ... Petitioner/s Versus
1. The State of Bihar Through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna. 2. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna. 3. The District Education Officer, Gopalganj. 4. The District Programme Officer (Establishment), Gopalganj. 5. The Block Education Officer, Uchkagaon, P.O. and P.S.-Uchkagaon, District- Gopalganj. 6. The Panchayat Secretary, Gram Panchayat Raj, Bairiya Durg, Block and P.S.- Uchkagaon, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Bihari Singh, Adv. Mr. Prashant Kumar, Adv. For the State : Dr. Md. Raisul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 08-07-2026 Heard learned counsel for the petitioner and learned counsel appearing for the respondent-State. 2. With the consent of the parties, this writ application is disposed of at this stage itself. 3. This writ application has been filed by the petitioner for issuance of direction to respondents, more particularly, to respondent no.4 i.e. the District Programme
Patna High Court CWJC No.9258 of 2026(2) dt.08-07-2026 2/5 Officer (Establishment), Gopalganj to comply with the order dated 13.08.2025 passed in Appeal Case No.11 of 2025 by the District Appellate Authority, Gopalganj, which as per the petitioner has attained finality in absence of any challenge made before the State Appellate Authority. The operative portion of the order dated 13.08.2025 passed in Appeal Case No.11 of 2025 by the District Appellate Authority, Gopalganj is reproduced herein below for needful:
“mDr rF;ksa ,oa lk{;ksa ds voyksduksijkUr vihykFkhZ dk vihy Lohd`r fd;k tkrk gSA rFkk uksMy inkf/kdkjh lg ftyk dk;Zdze inkf/kdkjh ¼LFkkiuk½] xksikyxat ds i=kad&2235] fnukad&17-06-2022 dks fujLr djrs gq, vihykFkhZ f'kYih ds fu;kstu ls lEcfU/kr 'kS{kf.kd izek.k i=kasa dks lEcfU/kr laLFkku ls lR;kfir dj lgh gksus ij fu;kstu i= fuxZr dj 30 fnuksa ds vUnj ;ksxnku lqfuf'pr djus dh vuq'kalk dh tkrh gS D;ksafd blesa uSlfxZd U;k; ds fl)kUr ds fo:) gSA lHkh lEcfU/kr dks lwpukFkZ ,oa vuqikyukFkZ vkns'k i= iszf"kr dh tk;A”
4.
It is the case of the petitioner that despite the petitioner having won her case before the District Appellate Authority, Gopalganj, she is not being appointed in terms of the said order by the District Programme Officer (Establishment), Gopalganj for reasons best known to him. In this regard the petitioner has given several applications to the District Programme Officer (Establishment), Gopalganj, which have
Patna High Court CWJC No.9258 of 2026(2) dt.08-07-2026 3/5 been brought on record by way of Annexure-P/3 Series, but the same has been completely overlooked by the District Programme Officer (Establishment), Gopalganj and till date the petitioner has not been appointed in terms of the order passed by the District Appellate Authority, Gopalganj and she continues to languish. 5. Taking into account that the order passed by the District Appellate Authority, Gopalganj dated 13.08.2025 passed in Appeal Case No.11 of 2025 has attained finality, the authorities, particularly the District Programme Officer (Establishment), Gopalganj was bound to comply with the same. The District Programme Officer (Establishment), Gopalganj is, therefore, directed to ensure immediate compliance of the order dated 13.08.2025 passed in Appeal Case No.11 of 2025 passed by the District Appellate Authority, Gopalganj within a maximum period of two weeks from today. 6. Similar situation had arisen in the case of Raju Yadav vs. The State of Bihar & Ors. in CWJC No.13018 of 2025 wherein the District Education Officer, Gopalganj was not complying with the order passed by the District Appellate Authority, Gopalganj and this Court had taken serious view of the matter. Also in the case of Kumari Rashmi vs. The State of
Patna High Court CWJC No.9258 of 2026(2) dt.08-07-2026 4/5 Bihar & Ors., this Court had taken serious view of the matter while passing the order dated 20.04.2026 in CWJC No.2920 of
2026. 7. Since the authorities of the State are refusing to carry out the lawful orders passed by the Tribunal, therefore, taking into account the seriousness of the matter, let this order be communicated to the Additional Chief Secretary, Education Department, Government of Bihar, Patna for taking appropriate action against the District Programme Officer (Establishment), Gopalganj for issuing necessary orders in this regard.
It is further directed that the District Programme Officer (Establishment), Gopalganj be called upon to explain by the departmental head, as to why the order of the District Appellate Officer, Gopalganj is not being complied with and appropriate proceedings be drawn against the District Programme Officer (Establishment), Gopalganj besides awarding appropriate compensation for causing unnecessary harassment to the petitioner. The amount of compensation shall be quantified by the departmental head and should be paid to the petitioner. The amount of compensation shall be recovered from the District Programme Officer (Establishment), Gopalganj by instituting departmental proceedings against him. Patna High Court CWJC No.9258 of 2026(2) dt.08-07-2026 5/5
8. With the aforesaid observation and direction, this writ application stands disposed of. All pending I.As, if any shall be deemed to have been disposed of. Prakash Narayan (Alok Kumar Sinha, J) U